Judge’s Fact-Based Takedown Of Trans Military Ban Is Too Much For DOJ Lawyer To Handle
U.S. District Judge Ana Reyes had questions. The DOJ lawyer did not have answers.
In another heated courtroom exchange, U.S. District Judge Ana Reyes (above)—a Biden appointee and the first LGBTQ+ judge on the D.C. District Court—delivered a powerful rebuke of the Pentagon’s recent policy banning most transgender service members from serving in the military. Reyes systematically dismantled the government’s justification for the ban, calling out its reliance on cherry-picked data, flawed logic, and outright discrimination.
“Let’s just use the Secretary of Defense [Pete] Hegseth’s own words: Transgender people lack warrior ethos, are liars, lack integrity, are not humble, are selfish, and can’t meet physical or mental fitness requirements,” Reyes stated during the hearing. “You would agree with me that calling people liars and lacking integrity and not able to meet rigorous standards for discipline is insulting—yes or no, or you can’t say?”
Related: This Lesbian Judge Has Zero Time For Trump’s Anti-Trans BS
The DOJ attorney representing the government hesitated before responding, “Maybe,” prompting Reyes to press further: “So, people with gender dysphoria can’t be honest, humble, or have integrity? You think that’s demeaning to people with gender dysphoria?”
“I can’t answer that question,” the attorney admitted, appearing at a loss for words, according to GMA.
The case, brought by transgender Army Second Lieutenant Nicolas Talbott and seven others, argues that the ban violates the Fifth Amendment’s Due Process Clause by discriminating against individuals based on sex and transgender status.
During the hearing, Reyes lambasted the government’s claims that transgender soldiers compromise military readiness, pointing out that the studies cited to support this assertion had been misrepresented.
The attorney attempted to argue that military leadership had discretion in deciding fitness for service. Reyes, however, was unrelenting in her skepticism. “Identify for me a single other time in recent history where the military has excluded a group of people for having a disqualifying issue, because I can’t think of one,” she demanded.
Related: Pentagon Orders Trans Troops Be Removed From The Military
The DOJ attorney compared the transgender ban to the military’s COVID-19 vaccine policy, which saw some soldiers removed for refusing vaccination. Reyes wasn’t having it. She polled the courtroom to see who had contracted COVID. “Lots of people raise their hands, right? All different kinds of people … so it wasn’t just aimed at getting rid of one group of people.”
The judge also took issue with how the government framed transgender identity as a mental health disorder incompatible with military service. “DoD has been particularly cautious about service by individuals with mental health conditions, given the unique mental and emotional stresses of military service,” the DOJ attorney argued.
Reyes countered: “Do you know why people with gender dysphoria have higher rates of suicidal ideation? It’s because they face such stigma and discrimination in society. All the studies show that transgender people and people with gender dysphoria are not more inherently subject to suicide or likely to have suicidal ideation. That’s not it. It’s not biological, it’s not inherent.”
Related: Trump Signs Executive Order Banning Transgender People In The Military
“The answer to suicide ideation caused by discrimination is not further discrimination, right?” she asked.
The Pentagon’s policy mandates that transgender troops be identified within 30 days and then “separated” from the military within another 30 days unless they receive a rare exemption. Judge Reyes expressed doubt about the fairness of this process, especially in light of a recent Department of Defense social media post suggesting that “transgender troops are disqualified from service without an exemption.”
The hearing comes amid an increasingly hostile relationship between Judge Reyes and the Department of Justice. After a similarly heated previous hearing, the DOJ filed a complaint with an appeals judge, alleging that Reyes’ conduct was “hostile and egregious.” Attorney General Pam Bondi’s chief of staff, Chad Mizelle, accused Reyes of political bias and inappropriate conduct, arguing that her actions “compromised the dignity of the proceedings.”
“At a minimum, these incidents warrant further examination to determine whether Judge Reyes’ conduct constitutes a recurring issue that necessitates corrective action,” Mizelle wrote in the complaint.
